Income Tax : The Calcutta High Court quashed a Section 143(3) assessment after finding that the assessee was denied a meaningful opportunity of...
Corporate Law : This article examines how natural justice focuses on the fairness of decision-making processes rather than the correctness of outc...
Income Tax : Courts have validated the faceless assessment framework while insisting on strict adherence to fairness. The key takeaway is that ...
Goods and Services Tax : The Court ruled that issuing an SCN before the pre-SCN reply period expires violates natural justice. The key takeaway is that aut...
Goods and Services Tax : The Court held that authorities must provide a personal hearing before issuing adverse GST orders under Section 73. Failure to fol...
Income Tax : The High Court held that an assessment order passed without issuing a show cause notice detailing the proposed additions violated ...
Income Tax : The Madras High Court held that assessment proceedings should include a show cause notice identifying the proposed additions befor...
Income Tax : Gujarat HC quashed the reassessment proceedings after holding that ignoring the assessee's adjournment request violated natural ju...
Income Tax : ITAT remanded the matter after holding that the CIT(A) passed a non-speaking order without giving reasons or properly considering ...
Income Tax : The High Court found that the appellate authority had failed to act on the Tribunal's direction requiring a speaking order for Ass...
Read the full text of the NCLAT Chennai order in the case of K. Narayanasamy vs J. Karthiga. The NCLAT set aside the order passed by the National Company Law Tribunal (NCLT) that dismissed an application filed by the suspended director. The NCLAT remanded the matter back to the NCLT for fresh adjudication on merits, allowing the suspended director an opportunity to be heard.
A detailed analysis of the ITAT Ahmedabad’s ruling in Bhutakia Bhimasar Vs PCIT, where it was held that a charitable organization should not lose tax exemption benefits due to technical lapses.
Read judgment of Bombay High Court in case of Mayel Steels Pvt Ltd vs Union of India. Court held that respondent acted arbitrarily in canceling GST registration and directed that proper notice should be served to dealers.
The ITAT Indore supports the principle of natural justice by asking for re-adjudication of the case of R.M. Chemicals Private Limited vs DCIT due to insufficient opportunity provided to the assessee in the initial assessment.
ITAT Delhi advocates for re-adjudication in the case of KMP Expressways Ltd vs ACIT, focusing on the assessee’s status as ‘Assessee in default’ due to non-deposition of TDS in the company’s accounts.
Read about the Andhra Pradesh High Court’s decision to allow a writ petition challenging a penalty order that violated the principles of natural justice. Get a comprehensive analysis of the case and its implications.
Allahabad High Court in Mohini Traders v. State of U.P., held that assessing authority must provide an opportunity for a personal hearing before passing an adverse order, regardless of whether assessee explicitly requested it
HC set aside the assessment order and held a proper opportunity must be given to the Assessee whenever a Show cause notice or an assessment order is issued and further commented that it is very difficult to file a reply to the Show Cause Notice within 12 hours.
CESTAT, remanded order passed by Adjudicating Authority and held that denial of cross-examination of witnesses is violative of principles of natural justice.
ITAT Bangalore revives case of Comfortable Abode Pvt Ltd vs ACIT, directing re-adjudication citing lack of sufficient opportunity for the assessee. Learn more about the case and its potential implications.